WEST v. WYOMING STATE TREASURER

No. 90-159.

822 P.2d 1269 (1991)

Glo C. WEST, individually, and Glo C. West as the Personal Representative of the Estate of Elbert Leroy West, Appellant (Plaintiff), v. WYOMING STATE TREASURER, Appellee (Defendant).

Supreme Court of Wyoming.

December 20, 1991.


Attorney(s) appearing for the Case

Jack Gage, argued of Gage & Moxley, Cheyenne, and Carolina A. Papa, Laramie, for appellant.

Joseph B. Meyer, Atty. Gen., and Ron Arnold, Sr. Asst. Atty. Gen., argued, for appellee.

Before THOMAS, CARDINE, MACY and GOLDEN, JJ., and LEIMBACK, District Judge.


CARDINE, Justice.

Appellant sought a declaratory judgment that she was not required to reimburse, out of a third party $399,000 wrongful death recovery, two-thirds of the $72,316.51 worker's compensation benefits paid to decedent's survivor beneficiaries. The trial court held that the third party wrongful death recovery was subject to a statutory lien requiring reimbursement of worker's compensation benefits and further that the State was not obligated to file a creditor...

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